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Termination of Rental Agreement in Case of Divorce

Divorce and rent: how to terminate the contract? Discover procedures under Article 7:272 BW, judicial allocation, and priority for children.

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In the event of divorce or dissolution of a registered partnership, one partner may terminate the rental agreement prematurely under Article 7:272 of the Dutch Civil Code (BW). The terminating party must demonstrate that continuing the tenancy is impossible due to changed circumstances. Procedure: Notify the court within a reasonable period after the divorce judgment, requesting the allocation of the tenancy. The other party is granted a six-week consideration period. If no agreement is reached, the court decides based on income, care obligations, and housing situation. Priority is given to children. Evidence required: Divorce judgment and income details. For rental properties, co-tenancy applies if both names are on the contract. In practice: 40% of divorce cases lead to rental disputes. Advice: Engage a family law attorney immediately for joint termination or division. Municipalities provide urgency declarations for alternative housing. Avoid double housing costs by taking timely action.